House of Lords Journal Volume 8: 12 January 1646

DIE Lunæ, 12 die Januarii.

PRAYERS, by Mr. Perne.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Doctor Heath and Doctor Aylett return this Answer from the House of Commons, concerning the adding of Five Lords to the Committee for the Revenue; and they have taken the same into Consideration, and will return an Answer, by Messengers of their own, speedily.

Ordinance to sell Materials of St. Paul's, to pay Workmen.

An Ordinance was presented to the House, concerning selling some of the Materials at Paul's Church, for paying of the Workmen there; and it was read Thrice, and Agreed to.

The Earl of Warwicke reported from the Committee of the Admiralty; videlicet,

Paper from the Committee of the Admiralty, about pressing Men for the Sea Service.

"Die Jovis, 8 Januarii, 1645.

"At the Committee of Lords and Commons for the Admiralty and Cinque Ports.

"This Committee doth recommend it to both Houses of Parliament, to renew the Ordinance for pressing of Men for the Service of the Fleet, according to the Tenor of the late Ordinance, which expired the First of this Instant January; and the Earl of Warwicke is desired to represent the same to the House of Peers."

Ordinance for that Purpose.

Next, an Ordinance for pressing of Mariners, was read, and passed; and Ordered to be communicated to the House of Commons, for their Concurrence.

A Letter was read, directed thus:

Letter from the Committee with the Army, with a Petition from Nottingham.

"For the Right Honourable the Lord Gray of Warke, Speaker of the House of Peers pro Tempore.

"My Lords,

"We have received the last Night the Petition herewith sent you, expressing the Miseries of the County of Nottingham, which we know will be sadly resented by your Lordships. We have done the uttermost in our Power for them, though without effecting any Thing for their Relief. Their lamentable Complaints will pierce your Hearts, as they do ours; and as they beg of us, so we assure ourselves, for God's Sake and their Country's, your Lordships will give them Ease to their Burthens, which, if not speedily done, they must sink under. We would not think our Duty fully discharged by writing Letters; and therefore have desired the Lord Willoughby and Sir Christopher Wray to attend the Houses, for their compassionate Care of that most distressed County.

"Your Lordships

Grantham, 8th January, 1645.

"Humble Servants,

"J. Rutland.
F. Willoughby."

Next, divers Papers and Letters were read.

(Here enter them.)

Members of the Committee of both Kingdoms, to grant Passes to Officers in the King's Service who will go beyond Sea.

Ordered, That the Members of this House that are of the Committee of both Kingdoms shall have Power to grant Passes for any considerable Officers, being Soldiers of Fortune, that are with the Enemy, upon their Desires in that Behalf to the said Members of the said Committee, to go beyond the Seas; they taking such Security or Engagements from them, not to act or counsel any Thing, either in this Kingdom, or beyond the Seas, against the Parliament, and not to return without Leave from the Parliament, as in their Discretions they shall think fit: This Power to continue until the last Day of this Instant January.

Ordinance for Martial Law.

The House was adjourned during Pleasure into a Committee, to take into Consideration the Ordinance concerning Martial (fn. 1) Law.

E. of Carlisle's Case, in Matter of Privilege, against his Creditors.

The Lord Robertes reported from the Committee the Order drawn up by them concerning the Earl of Carlile; which was read, as follows:

"The House this Day taking into Consideration the Motion of the Counsel of the Creditors of the late Earl of Carlile, made at the Bar on Tuesday the 6th of this Instant January, who desired Leave to prosecute a Decree against the Person of the Earl of Carlile, a Peer of this Realm, alledging the said Earl had consented thereunto; upon which they also alledged some Order or Orders had passed this House to that Effect: Which the House taking into serious Consideration, have Ordered, Declared, and Adjudged, That no Orders of this House did extend thereunto; and that no Process of Contempt ought to issue out of the Chancery, to attach the Person of the said Earl, as well in respect of Privilege of Parliament, as for that it is the inherent Right of the Peers of this Realm, as well out of as in Parliament, to have their Persons free from Arrests and Attachments arising from any Cause of Civil Action or Suit, which hath been so declared and adjudged in this High Court, in the 14th Year of Queen Elizabeth, and the 4th of this King: In Pursuance whereof, the Lords do order and enjoin the same to be observed; and that the said Earl have and enjoy his Privilege accordingly."

Resolved, upon the Question, That this House approves and confirms this Judgement.

Resolved, That this Judgement be sent unto all the Courts in Westm. Hall, to be registered in the respective Courts, that so they may take Notice of the same.

Ordered, That these Lords following (fn. 2) do consider of some Expedient for the Relief of the Creditor of the late Earl of Carlile, and report the same to this House:

Any Two, to meet when they please; and have Power to call such Persons before them as they shall think fit.

L. Say & Seale's Claim.

Ordered, That the Hearing of the Cause of the Lord Viscount Say & Seale shall be deferred until Thursday come Sevennight.

Sir H. Mildmay's.

Ordered, That the Hearing of Sir Henry Mildmaye's Cause, touching his Claim to the Title of Lord Fitzwalter's, shall be deferred till To-morrow Month.

Ly. Harcourt's Ordinance.

Ordered, That the Judges shall report the Lady Harcourt's Business on Thursday next.

A Letter was read, directed thus:

Letter from Col. Whichcott, that he had discovered a Jewel concealed under the Pavement in Windsor Castle.

"For the Right Honourable the Lord Grey of Warke, Speaker of the House of Peers pro Tempore.

"May it please your Lordship,

"Having had some Information of a Jewel of some Value hidden within this Castle; following the same Information, I found under a Pavement a Collar of the Order, with the George and Garter, that had been sent to the King of Sweden; of which I thought it my Duty to inform your Lordships, conceiving in this Military Condition I have Interest in it: But howsoever do expect what Commands the Honourable Houses will be pleased to give concerning the same to

"Your Lordship's most humble Servant,

Windsor, 9th of January, 1645.

"Christ. Whitchcote."

Committee to consider of it, and of preserving the Records of the Garter there.

Upon reading this Letter, it was also moved, "That some Course might be taken, for the preserving of those Records as are at Windsor, which concern the Knights of the Honourable Order of the Garter, that they may not be lost and destroyed."

Thereupon the House nominated these Lords following, to consider of this Letter and this Motion, and report to this House what they think fit to be done therein:

Any Two, to meet when they please.

Trotman and Robinson sent for, for Contempt of the Order to release Capt. Birckbeck.

Upon (fn. 3) Complaint made this Day to the House, by Katherin Birckbeck, Wife of Captain Birckbeck, now Prisoner in The Compter of Wood-streat, London, "That she did, on Saturday last, shew an Order of this House, of this Instant January, to One of the Sheriffs of London, for to discharge her Husband out of Prison, who said he could not discharge him; for, if he did, the Plaintiff would sue him for the Debt: Whereupon she went to one Trotman the Secondary's Deputy, and one Robinson Clerk of the Papers of the said Compter, who refused likewise to discharge her Husband upon the said Order, which both of them read: And the said Trotman said, "The Lords had forgot themselves."

Upon this, the House Ordered, That the said Trottman and Robinson shall be summoned to appear before this House To-morrow Morning, to answer the same.

Nottingham Petition to the Committee with the Army, complaining of the Hardships they suffer by the Scots Army.

"To the Right Honourable the Committee of Lords and Commons.

"The humble Petition of the Inhabitants of that Part of the County of Nott. lying on the North Side Trent;

"Shewing,

"That we did of late, by our humble Petition, present unto your Honours, the Payment and Sufferings of this County (by Occasion of this present War) within Three Years last did amount to above a Million of Money, whereof we did account the Charge of this present Scottish Army to be but Twenty Thousand Pounds; which now, upon Examination by your Honours Direction, will appear to be Twenty-six Thousand One Hundred Eighty-nine Pounds, Seventeen Shillings, and Two Pence, notwithstanding divers whole Towns and many other particular Persons have not brought in their Bills touching that Particular. We did with less Grief undergo the grievous Pressures of the Scottish Army, with a comfortable Hope that your Honours coming into these Parts would afford us a speedy Relief; being fully persuaded then (as we are still) that that Army was not invited or drawn hither with any Intent to be our irreparable Ruin.

"Notwithstanding our humble Representation, and your Honours Access, we yet understood not any Ease; but find this Part of the County still charged with an Assessment of Two Thousand Five Hundred Pounds Weekly, besides for the most Part with Free Quarter for all Officers and listed Soldiers, and all other Men, Women, and Boys, depending or shadowing themselves under that Army; and, which is most of all, the Tyranny and Evils incident to Free Quarter in the best-governed Armies.

"If that Two Thousand Five Hundred Pounds, with the Charge of Free Quarter, shall still continue, it cannot be less in our Opinions Weekly than Five Thousand Pounds, which must be borne by Two Parts of Three of an Half Part of this County, by reason of untenanted Grounds, and Places visited with the Sickness.

"This being our most sad and lamentable Condition, bringing upon us a present and apparent Destruction; we once more humbly crave Leave to present the same to your Honours Goodness and great Wisdoms; beseeching your Honours Consideration and present Relief, without which (the Assessments and Pressures still continuing upon us) it will inevitably follow, that, as a Third Part of this Part of the County is already deserted, and every Day others are continually leaving their Habitations, and conveying what Goods they can away, the small Remainder (that cannot do the like, must bear all the Burthen or sink under it) will be driven to prostrate all their Estates to the Mercy of the Army, and be forced to beg from them a Part, to keep themselves and their Families from perishing."

Letter from the Committee to Gen. Lesley, inclosing the Petition.

"SIR,

"We received this Night a Petition from the County of Nottingham, a Copy whereof is inclosed sent unto you. We are exceedingly grieved to see such Things presented to us, as must needs make the Heart of any Christian to bleed: They even with weeping Eyes complain to us, that themselves with their Wives and Children must, if this Course proceed any farther, beg their Bread, to preserve their Lives, who have been able and have relieved others, and who, though exceedingly tyrannized over by a cruel Enemy, yet had hitherto Assistance. We cannot believe these their Sufferings are known to you, nor doubt of your speedy Redress; which we most earnestly intreat you forthwith to accomplish, that your Army may not be thus complained of, which came in to relieve this Kingdom from Oppression.

"Your assured Friends to serve you."

Committee's Answer to the Nottingham Petition.

"Gentlemen,

"We come hither to do you our best Service; and had Conference with Lieutenant General Lesly, that all that we could do for the present was to communicate the whole Business and our Desires to the Houses and the Committees of both Kingdoms; which we did, by an Express sent on Saturday Morning, and since by another Messenger; and did also, by our private Letters, solicit our Friends. We have sent Warrants to raise with all Speed Provisions for the Scottish Army, from the County of Lincolne, Leicester, Rutland, Northampton, Huntingdon, Cambridge, Isle of Ely, and Norff.; and so soon as we receive the Command of the Houses, or Committee of both Kingdoms, we shall speedily obey them, and, God willing, omit no Means or Opportunity for the Relief of your most distressed Country.

Nottingh. 5th of January, 1645.

"Your assured Friends.

"For the Committee of the County of Nottingham; the like to the Committee of Darby."

Letter to several Counties, for furnishing Provisions to the Scots Army.

"Gentlemen,

"Whereas we are authorized, by our Instructions from the Parliament, to send Warrants unto your County, for the furnishing Provisions and other Necessaries for the Scotts Army, and to call to our Assistance such Persons in your County to be Committees, for the better putting those Instructions in due Execution; and whereas we are also appointed to cause due Accompts to be made of those Provisions, that they may be discounted upon the Pay of that Army:

"These are therefore to desire, that with all Speed you will provide, and send to the Town of Nottingham, to, whom we have appointed to receive them, the several Provisions expressed in the Schedule hereunto annexed; the County of Darby being heavily burthened; and Nottinghamsheir, where the Scotts Army now resideth, near utterly exhausted, having paid to that Army, in Money and Provisions, Twenty Thousand Pounds in Five Weeks last past, as by their Remonstrance doth appear; and for that, if Provisions be not for them where they now are, their Army will remove where they may be had. We expect, for the Public Good and your own, you will not fail, or suffer any Delay to be herein. We also desire you, that due and exact Accompts may be taken of the Rates in your Markets of the Provisions you furnish, that your Expences may be deducted out of the Pay to the Scotts Army.

"Your assured Friends."

Nottingham, the 5th of January, 1645.